From The Pueblo Chieftain (Chris Woodka):
The case is one of the first major decisions facing newly appointed Division 2 Water Judge Larry Schwartz. “We think the state engineer has exceeded his statutory authority,” said Richard Mehren, attorney for the Lower Arkansas Water Management Association. LAWMA, along with the Amity Mutual Ditch Co., District 67 canals and TriState Generation and Transmission Co., filed the complaint last week in water court. It asks Schwartz to require the Super Ditch to file in water court in order to operate its pilot program…
The lawyers who filed the complaint say the Super Ditch transfer program have effects that would persist longer than five years — the return of groundwater to the Arkansas River. Mehren pointed out that the Super Ditch engineering shows this and LAWMA had to account for its own lagging return flows in a court case. Super Ditch engineers say recharge ponds would be put in place to account for the timing of return flows, and Wolfe agreed to the engineering design under a lengthy list of conditions. Several farms were eliminated from the plan because they could not meet recharge requirements, and in fact the pilot project’s scope was cut in half for that reason. Opponents also say the one-year pilot program sets a precedent, giving them little time to respond to claims made from one year to the next. They also point out the program could be renewed annually for another four years.
“We have an interest in keeping the water we think we have,” said Colin Thompson, a farmer on the Amity. “We’re out real money when we can’t irrigate, and we believe the burden of proof should be on the Super Ditch.” “LAWMA gets hurt in two ways,” said Don Higbee, manager of the well owners’ group. “We’re very cautious that our water rights won’t be depleted, but we also must make up flows at the state line.”
More Arkansas Valley Super Ditch coverage here.